Simmons Hardware Co. v. Mullen
Supreme Court of Minnesota
Action in the district court for Chippewa county for conversion of personal property. The defendant justifies the taking, as sheriff, under a writ of attachment against one Whiteher.
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Action in the district court for Chippewa county for conversion of personal property. The defendant justifies the taking, as sheriff, under a writ of attachment against one Whiteher. The action was tried, without a jury, by Brown, J., who found as facts that Whiteher ordered the goods in question from plaintiff verbally; that they were worth $291.15; that plaintiff shipped them to Whiteher at Granite Falls, in this state, where they arrived and were stored in the warehouse of the railway company which transported them; that Whiteher never called for them, or demanded or in any manner claimed…
1Opinion of the CourtGilfillan, C. J.
The agreement for the sale of the goods by plaintiff to Whiteher, the price exceeding $50, and there being no memorandum in writing, and no part of the purchase-money being paid, was void under the statute of frauds, unless there was not only a delivery by the vendor, but an acceptance on the part of the purchaser. The authorities are substantially uniform that delivery by the seller *196to a carrier selected by him, for the purpose of transportation, is not of itself an acceptance to take the case out of the operation of the statute. Norman v. Phillips, 14 M. & W. 277; Hanson v. Armitage, 5…
2Cases cited6 opinions
- Allard v. . GreasertNew York Court of Appeals · 1874
- Johnson v. CuttleMassachusetts Supreme Judicial Court · 1870
- Grimes v. Van VechtenMichigan Supreme Court · 1870
- Taylor v. MuellerSupreme Court of Minnesota · 1883
- Keiwert v. MeyerIndiana Supreme Court · 1878
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Powder River Live Stock Co. v. LambNebraska Supreme Court · 1893
- Fontaine v. BushSupreme Court of Minnesota · 1889
- Williams-Hayward Shoe Co. v. BrooksWyoming Supreme Court · 1901